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04SN0207-May25.pdfMay 25, 2005 BS ADDENDUM 04SN0207 Dart II LLC Matoaca Magisterial District Grange Hall Elementary, Swift Creek Middle and Clover Hill High Schools Attendance Zones North line of Woolridge Road REQUEST: Rezoning from Agricultural (A) to Residential (R-15) with Conditional Use Planned Development to permit exceptions to Ordinance requirements. PROPOSED LAND USE: A mixture of residential uses, to include single and multifamily uses, townhomes and cluster homes, along with commercial uses on a maximum of five (5) acres (Textual Statement IV.A.1.), stock farm (equestrian facilities) and associated business uses, and supporting community recreational uses are planned with a neo-traditional design. The applicant has agreed to limit residential development to a maximum density of 2.0 dwelling units per acre, yielding approximately 605 dwelling units. (Proffered Condition 3) On May 23, 2005, the applicant submitted revisions to Proffered Condition 3 to address concerns expressed at the Planning Commission meeting regarding the possibility that the property could be developed as a traditional single family Residential (R-15) Subdivision with no neo-traditional elements as envisioned by the Textual Statement. The amended proffer requires a minimum of 200 lots to be developed with lot sizes ranging between 1,520 and 14,999 square feet. Further, the amendment addresses a typographical error. Staff continues to recommend approval subject to the applicant addressing the location of the commercial node, the focal point acreage and garage orientation, as outlined in the "Request Analysis." Acceptance of the following amended Proffered Condition 3 would be apPropriate. (NOTE: SHOULD THE BOARD WISH TO CONSIDER THIS PROFFER, THEY MUST UNANIMOUSLY AGREE TO SUSPEND THEIR PROCEDURES, AS SUCH PROFFER WAS SUBMITTED SUBSEQUENT TO ADVERTISEMENT OF THE CASE.) Providing a FIRST CHOICE community through excellence in public service PROFFERED CONDITION o Density. The maximum density of this development shall not exceed two (2) dwelling units per acre. A minimum of sixty-one (61) lots shall conform to the requirements for Single Family A, as described herein; a maximum of 181 lots shall conform to the requirements for Single Family B, as described herein; a maximum of 151 lots shall conform to the requirements for Single Family C, as described herein; a maximum of 151 lots shall conform to the requirements for Single Family D, as described herein; and a maximum of 150 lots shall conform to the requirements for Single Family E, as described herein. A minimum of 200 lots shall conform to the requirements of Single Family B, C, D, or E, or any combination thereof, as described herein. (P) 2 04SNO207-NtAY 25-BOS-ADDENDUM ~,~ .... ~, ~ 'mn~ CPC May 25, 2005 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 04SN0207 Dart II LLC Matoaca Magisterial District Grange Hall Elementary, Swift Creek Middle and Clover Hill High Schools Attendance Zones North line of Wootridge Road REQUEST: Rezoning kom Agricultural (A) to Residential (R-15) with Conditional Use ]Plm~ned Development to pemfit exceptions to Ordinance requirements. PROPOSED LAND USE: A mixture of residential uses, to include single m~d multifamily uses, townhomes and cluster homes, along with commercial uses on a maximum of five (5) acres (Textual Statement IV.A. 1.), stock farm (equestrian facilities) and associated business uses, and supporting community recreational uses are planned with a neo-traditional design. The applicant has agreed to limit residential development to a maxinmm density of 2.0 dwelling units per acre, yielding approximately 605 dwelling units. (Proffered Condition 3) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 13. AYES' Messrs. Litton, Wilson and Gecker NAYS: Messrs. Bass and Gulley Providing a FIRST Ct'-]OICE communiU, through excellence in pubhc service STAFF RECOMMENDATION Recommend approval subject to the applicant addressing the location of the commercial node, the focal point acreage and garage orientation. This recommendation is made for the following reasons: With the exception of the commercial node, the proposed residential and associated recreational uses complies with the Upper Swift Creek Plan, The Plan provides that commercial uses designed primarily to serve the convenience of the planned residential community in which they are located may be appropriate when such commercial uses are designed with appropriate access and an internal fbcus. The location of the commercial uses along a major arterial (Woolridge Road) at the periphery of the development does not provide the internal focus and the limited service/convenience area the Plan envisions for such uses. The size of the t~cal point at the intersection of the Nortk/South Road with Woolridge Road fails to meet the typical standard established for small lot developments (Textual Statement III. G.). Similarly, the request fails to fully minimize the visual impact of garage doors facing the street. (Textual Statem.ent n.H.) The proffered conditions adequately address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the Thoroug. hfare Plan and the Capital Improvement Program., and the impact of this development is discussed herein. The proffered conditions adequately mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER. CONDITIONS. T}tE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS (cpc) Master Plan. The Textual Statement dated October 26, 2004, and revised April 4, 2005, shall be considered the Master Plan. (P) (STAFF/CPC) 2. Buffers~ All required buffers shall be located within recorded open space except fbr buffers required in Tract D. (P) (STAFF/CPC) 3. Density. The maximum density of this development shall not exceed two (2) dwelling units per acre. A minimum of sixty-one (61) lots shall conform to the requirements for Single Family A, as described 2 04SN0207-MAY25-BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) herein; a maximum of 181 tots shall conform to the requirements for Single Family B, as described herein; a maximum of 151 lots shall conform to the requirements for Single Family C, as described herein; a maximum of 151 lots shall conform to the requirements for Single Family D, as described herein; and a maximum of 150 tots shall confbrm to the requirements for Single Family E tots shall be permitted. (P) Foundations. All exposed portions of the foundation and exposed piers supporting front porches of each dwelling unit shall be faced with brick or stone veneer or exterior insulation and finishing systems (EIFS) materials. (P) Utilities. Public water and wastewater systems shall be used. (U) Senior Housing. Any dwelling units designated for senior housing as outlined in Proffered Condition 7.B. shall be noted on the site plan and/or on any subdivision plat. Such dwelling units shall be grouped together as part of the same development section(s). (P) Impacts on Capital Facilities. The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield, for infrastructure improvements within the service district for the property: Prior to the issuance of a building permit fbr each dwelling unit other than age restricted dwelling units defined in Proff;ered Condition 7.B., the applicant, subdivider, or assignee(s) shall pay' to the County of Chesterfield the following amounts for infrastructure improvement within the service district for the property: If payment is made prior to July 1, 2005~, $11,500.00 per dwelling unit; If payment is made after June 30, 2005, the amount approved by the Board of Supervisors not to exceed $11,500.00 per dwelling unit adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. Prior to the issuance of a building permit for each dwelling unit that is designated for senior housing, the units of which shall meet the requirements for "age 55 or over" housing as set forth in section 3607 of the Fair Housing Act, 42 USC Section 3601 et seq., as amended by the Fair Housing Amendments 3 04SN0207-MAY25-BOS Act of 1988, and of 24 CFR Section t00.304, and are subject to the occupancy requirement that no person under the age of 19 shall reside in such unit. The applicant, subdivider, or assignee(s) shall pay' to the County of Chesterfield the fbllowing amounts for infrastructure improvement within the service district for the property': ii. If payment is made prior to July 1, 2005, $5,991.00 per dwelling unit. At time of payment $5,991.00 will be allocated pro-rata among the fhcility costs as fbllows: $786.00 for parks and recreation, $402.00 for library facilities, $4,380.00 for roads, and $423.00 ~br fire stations; or If payment is made afler June 30, 2005, the amount approved by the Board of Supervisors not to exceed $5,991L00 per dwelling unit pro-rated as set forth in Proffered Condition 7.B.i. above and adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004, and July I of the fiscal year in which the payment is made if paid after June 30, 2005. At the option of the Transportation Department exercised pursuant to Proffered Condition 14 below, and in lieu of the amounts set forth in Proffered Condition 7.A. above, the applicant, subdivider, or assignee(s) shall pay to the County of Chesterfield prior to the time of issuance of a building permit for each dwelling unit, the following amounts for infrastructure improvements (excluding the road component) within the service district for the property: ii. If payment is made prior to July 1, 2005, $7,120.00 per dwelling unit. At time of payment $7,120.00 will be allocated pro-rata among the facility costs as follows: $786.00 for parks and recreation, $402.00 for library facilities, $5,509.00 for schools, and $423.00 for fire stations; or If payment is made after June 30, 2005, the amount approved by the Board of Supervisors not to exceed $7,120.00 per dwelling unit pro-rated as set forth in Proffered Condition 7.C.i. above and adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004, and July I of the fiscal year in which the payment is made if paid after June 30, 2005. 4 04SN0207-MAY25-BOS (STAFF/CPC) Do At the option of the Transportation Department exercised pursuant to Profl'ered Condition 14 below-, and in lieu of the amounts set forth in Proffered Condition TB. above, the applicant, subdivider, or assignee(s) shall pay to the County of Chesterfield prior to the issuance of a building permit for each dwelling unit, the following amounts fbr infrastructure improvements (excluding the road component) within the service district for the property': If payment is made prior to July t, 2005, $1,611.00 per dwelling unit. At time of paymem $l,611.00 MI1 be allocated pro-rata among the facility costs as follows: $786.00 for parks and recreation, $402.00 tbr library facilities, and $423.00 fbr fire stations; or If payment is made after June 30, 2005, the amount approved by the Board of Supervisors not to exceed $1,61t.00 per dwelling unit pro-rated as set forth in Proffered Condition TDJ. above and adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2004, and July 1 of the fiscal year in which the payment is made if paid after June 30, 2005. At the option of the Tran. sportation Department the cash proffer payment may be reduced for road improvements by an amount not to exceed the amount that would be paid in cash proffers for the road component as identified in Proft:bred Conditions 7.A. and 7.B. above, exclusive of those road improvements identified in Proffered Condition 12, performed by the applicant, subdivider, or assignee(s), as determined by the Transportation Department. In the event the cash payment is not used for which proffered within 15 years of receipt, the cash shall be returned in full to the payor. Should any impact lbes be imposed by the County of Chesterfield at any time during the life of the development that are applicable to the property, the amount paid in cash proffers shall be in lieu of or credited toward, but not be in addition to, any impact fees, in a manner determined by the County. (B & M) Timbering. Except for timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land 5 04SN0207~MAY25-BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 10. 11. 12. disturbance permit has been obtained from the Environmental Engineering Department and the approved devices installed. (EE) Swift Creek Watershed Protection. The developer shall leave in place temporary sediment control devices and/or construct new BMP's or combinations of BMP's, which would achieve a maximum. phosphorous runoff limit from the property of 0.22 pounds per acre per year until the permit fbr construction of the initial facility contained in the Upper Swift Creek Watershed Plan is issued. The existing ponds on the property may be utilized for SWM/BMP purposes. (EE) Access Direct access from the property to Woolridge Road and to Otterdale Road shall be limited to one (1) public road onto each road. The exact location of these accesses shall be approved by the Transportation Department. Initial access for development of the property shall be provided directly to Woolridge Road or to Woolridge Road via proposed Swift Fox Drive, located on the adjacent parcel to the east identified as Tax ID 713-679-0553. No access shall be permitted to or from the property to Woolridge Road via the existing fifty (50) foot wide right of way located along the eastern boundary of the parcel identified as Tax ID 710-677-7701. (T) Right of Way Dedication. In conjunction with the recordatior~ of the initial subdivision plat or prior to any site plan approval, whichever occurs first, forty-five (45) feet of right of way on the north side of Woolridge Road, measured from the centerline of that part of Woolridge Road immediately adjacent to the property, and forty-five (45) feet of right of way on the east side of Otterdale Road, measured from the centerline of that part of Otterdale Road immediately adjacent to the property, shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) Road Improvements. To provide an adequate roadway system at the time of complete development, the developer shall be responsible for the following: Construction of additional pavement along Woolridge Road at the approved access to provide right and left turn lanes, if warranted, based on Transportation Department standards; 04SN0207-MAY25-BOS bo Construction of additional pavement along OtterdaIe Road at the approved access to provide right and left turn lanes~ if warranted, based on Transportation Department standards; Construction of additional pavement along Woolridge Road at the proposed Swift Fox Drive intersection, located on the adjacent parcel identified as Tax tD 713-679-0553, to provide a left turn lane, if warranted, based on Transportation Department standards; Widening/improving the north side of Woolridge Road and the east side of Otterdate Road to an eleven (11 ) foot wide travel lane, measured from the existing centerline of each road, with an additional one (1) foot wide paved shoulder plus a seven (7) fbot wide unpaved shoulder, and overlaying thc full width of the roads with one and a half (1.5) inch of compacted bituminous asphalt concrete, with any modifications approved by the Transportation Department, for the entire property frontage; Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required Ibr the improvements identified above. In the event the developer is unable to acquire any "off-site" right-of-way that is necessary for any improvement described in Proffered Condition 12, the developer may request, in writing, that the County acquire such right-of-way as a public road improvement. All costs associated with the acquisition of the right-of-way shall be borne by the developer. In the event the Comity chooses not to assist the developer in acquisition of the "off-site" right-of- way, the developer shall be relieved of the obligation to acquire the "off-site" right-of-way and shall provide the road improvements within available right-of-way, as determined by the Transportation Department. (T) (STAFF/CPC) 13. Phasin~ Plan. Prior to any construction plan approval or prior to any site plan approval, whichever occurs first, a phasing plan fbr the required road improvements, as identified in Proffered Condition 12, shall be submitted to and approved by the Transportation Department. The approved phasing plan. shall req. uire, among other things, that in conjunction with any development v,4th any access to Woolridge Road as described in Proffered Condition 10.b., all the road improvements along Woolridge Road, as identified in Proffered Condition 12.d. shall be completed as determined by the Transportation Department. In addition, the approved phasing plan 7 04SN0207-MAY25-BOS shall require, among other things, that in conjunction with any development with any access to Otterdale Road, all the road improvements along Otterdale Road, as identified in Proffered Condition 12.d. shall be completed as determined by the Transportation Department. (T) (STAFF/CPC) 14. Transportation Contribution. At the option of the Transportation Department, the applicant, his successor(s), or assignee(s) (the "Applicant") shall comply with the obligations of Proffkred Conditions 7.C. or 7.D. and, also shall pay to the County of Chesterfield: 1) prior to recordation of the initial subdivision section or prior to any site plan approval for any dwelling unit, whichever occurs first, the amount of $657,000; and 2) prior to recordation of a subdivision section or prior to a site plan approval for any dwelling unit, whichever occurs first, that would result in more than a cumulative total of 150 dwelling units on the property the amount of $657,000; and 3), prior to recordation of each subdivision section and prior to each site plan approval, for any dwelling unit, that would be in excess of a cumulative total of 300 dwelling units on the property, the amount of the road component of the cash proffer as defined in Proflbred Condition 7.B. multiplied by the total number of lots or dwelling units shown on each approved final check plat and on each proposed site plan. The payments shall be used for road improvements within Traffic Shed 6 or for road improvements that provide relief to that Traffic Shed, as determined by the Transportation Department. The payments could be used towards road improvements to Woolridge Road and/or Otterdale Road. If, upon the mutual agreement of the Transportation Department and the Applicant, the Applicant provides road improvements (the "Improvements"), other than those road improvements identified in Proffered Condition 12, to Woolridge Road and/or Otterdale Road, then the cash proffer payment(s) for the road component as set fbrth in Proffered Condition 14 shall be reduced so long as the cost to construct the hnprovements is of equal or greater value than that which would have been collected through the payment(s) of the road component of the cash proffer. Once the sum total amount of the cash profl-er credit exceeds the cost of the Improvements, as determined by the Transportation Department, thereafter the Applicant shall commence paying the cash proffer as set ibrth in Proffered Condition 14 as adjusted for the credit. For the purposes of this proffer, the costs, as approved by the Transportation Department, shall include, but not be limited to, the cost of righbof-way acquisition, engineering costs, costs of relocating utilities and actual costs of construction (including labor, materials, and overhead) ('~Work"). Before any Work 8 04SN0207-MAY25-BOS (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 15. 16. 17. 18. t9. is performed, the Applicant shall receive prior written approval by the Transportation Department for any credit amount. (T) Trail. The developer shall provide a trail along the length of Blackman Creek and Deep Creek from the northeastern to southwestern parcel boundaries, The exact length, width and treatment of the trail shall be approved by the Parks and Recreation Department. The trail shall be dedicated to the county or an easement granted to the county, or shall be ow~ned and maintained by the Homeowners Association. (P&R) _.Open Space. A minimum of fifteen (15) percent of the total open space required by the Zoning Ordinance Section 19-14(c)(2)~ shall be exclusive of the Resource Protection Area located along Blackman Creek and Deep Creek. (P) Sole Access. All residential lots having sole access through Foxfield Subdivision shall have an average area of not less than 20,500 square feet. Such tots shall not exceed density of 1..45 units per acre. (P) Except as provided herein, if requested by any County fire or safety agency or by any non-commercial fire and/or rescue squad station located within the county which could be served by the existing communication tower, the owner shall permit such agency or station to install its communications equipment on the tower without charge. Notwithstanding the foregoing, the owner shall not be required to provide such space to such agency or station if the owner submits an engineering study confirming that (i) the tower cannot structurally support the agency's or station's equipment, taking into account existing equipment on the tower, equipment that the owner is committed to install on the tower, and other relevant factors, including space on the ground for equipment that supports tower-mounted equipment, or (ii) the tower cam~ot accommodate the agency's or station's equipment because of technical constraints due to potential frequency interference between the agency's or station's equipment and equipment installed or to be installed on the tower. (P) Restrictive Covenants. The following restrictive covenants shall be recorded in conjunction with the recordation of any subdivision plat or prior to any site plan approval, which ever occurs first: Design Guidelines - A Design Guidelines Manual shall be created for any areas to be developed with a neotraditional design as defined in the Textual Statement. The "Design Guidelines Manual" shall include but not be limited to the following development criteria: 9 04SN0207-MAY25~BOS Architectural controls Garage locations Recreational amenities Mailboxes Street and External Lighting Street Trees Landscaping Streetscapes Fencing Building locations / Yard Requirements Driveways Architectural Board - The ?~rchitectural Board shall have exclusive jurisdiction over ali original construction, modifications, additions or alterations made on or to all existing improvements, and the open space, if any, appurtenant thereto on alt property, tt shall prepare and, on behalf of the Board of Directors, shall promulgate application and review procedures, all as part of the design and developmental standards. The Architectural Board shall incorporate the "Design Standards Manual", as described below in its review and approval of all applications submitted. Copies of the "Design Guidelines Manual" shall be available from the Architectural Board for review and use by owners, builders and/or developers. The guidelines and procedures shall be those of the Association, and the Architectural Board shall have sole and full authority to prepare and to amend the standards available to owners, builders, and developers only under extreme circumstances or hardships. Such circumstances or hardships shall be clearly demonstrated to be considered for amendment. The Architectural Board shall initially consist of three (3) members, all appointed by the Declarant. At such time as one hundred percent (100%) of all property has been developed, improved, and conveyed to purchasers in the normal course of development and sale, the Board of Directors shall appoint all members of the Architectural Board. At no time shall the Architectural Board have ~wer than three members nor more than five (5) members. The declarant may, at his option, delegate to the Board of Directors its right to appoint one or more members of the Architectural Board~ At all times, at least one (I) member of the Architectural Board shall be a member of the Association, and at least one (1) member shall be an architect licensed to practice in the State of Virginia. It is intended for the Architectural Board to maintain the character and integrity of the development~ ~ - No signs shall be erected or maintained on any residential property by anyone including, but not limited to, the owner, a contractor, or a subcontractor, except as provided for in the "Development Guidelines Manual" or except as may be required by 04SN0207-MAY25-BOS legal proceedings. Residential property identification and like signs not exceeding a combined total of more than one (1) square foot may' be erected without the written permission of the Declarant or the Association. Realtor signs "For Sale" may be erected and are subject to review of the Declarant or Architectural Board. Condition of Ground - It shall be the responsibili, ty of each property owner and tenant to prevent the development of any unclea.m unsightly~ or unkempt conditions of buildings or grounds or~ his lot. All improvements on each lot shall be kept in good repair~ and where necessary, painted in a regular basis. No portion of the property shall be used or maintained as a dumping ground for rubbish. Outdoor burning of leaves, trash, or other debris shall not be permitted. All trash, garbage, and other waste shall be kept in sanitary containers, which shall be surrounded by a wood or vinyl screen with such screening to be approved by the ARC, or otherwise out of sight from the street. Snow and Ice Removal -Each property owner shall be required to perfbrm snow and ice removal from sidewalks that are on/or adjacent to their property~ Residential Use - All lots shall be used for residential purposes exclusively. The use of a portion of a dwelling on a lot as an office by thc ovmer or tenants thereof shall be considered a residential use i.f such use does not create customer or client traffic to and from the lot. No structure, except as herein after provided, shall be erected, altered, placed, or permitted to remain on any lot other than one (I) detached single family dwelling and one (t) accessory building which may include a detached private' garage, provided the use of such accessory buiIding does not overcrowd the side and provided further that such building is not used for any activity normally conducted as business. Such accessory- building may not be constructed prior to the construction of the main building and approved by the Board, The provisions of this paragraph shall not prohibit the Developer from using a house as a model as provided in this Declaration. Exterior Structure Completion - The exterior of all houses and other structures must be completed within one (1) year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship to the owner or builder due to the strikes, fires, national emergency, or natural calamities. Houses and other dwelling structures may not be temporarily or permanently occupied until the exteriors thereof have I I 04SN0207-MAY25-BOS been completed. During the continuance of construction the owner of the lot shall require the contractor to maintain the lot in a reasonable clean and uncluttered condition. Screened Areas - Each builder shall provide a screened area to serve as a service yard and an area in which garbage receptacles, t~ael tanks, similar storage receptacles, electric and gas meters, air conditioning equipment, clotheslines, and other unsightly objects much be placed or stored in order to conceal them from view from the road and adjacent properties. Plans for such screened area delineating the size, design, texture, appearm~ce, and location must be in accordance with the "Design Standards Manual" and approved by the Architectural Board prior to construction. Garbage receptacles and fuel tanks may be located outside of such screened area only if located underground. Vehicle St.orag~ - No mobile home, trailer, tent, barn., or other similar out- building or structure shall be placed on any lot at any time, either temporarily or permanently. Boats, boat trailers, campers, recreational vehicles, or utility trailers may be maintained on a lot, but only when in an enclosed or screened area approved by the Architectural Board such that they are not generally visible from adjacent properties. Temporary Structures -No structure of a temporary character shall be placed upon any lot at any time provided, however, that this prohibition shall not apply to shelter or temporary structures used by the contractor during the construction of the main dwelling house, it being clearly understood that these latter temporary shelters may not at any time be used as residences or permitted to remain on the lot after completion of construction. The design and color of structures temporarily placed on the lot by a contractor shall be subject to reasonable aesthetic control by the Architectural Board. Antennas -- No television antenna, radio receiver or sender, or other similar device shall be attached to or installed on the exterior portion of any building or structure or any lot, except as permitted by applicable law and except that should cable television services be unavailable and good television reception not be otherwise available, a lot owner may make written application to the Association for permission to install a television antenna and such permission shall not be unreasonably withheld. Further Subdivision - No lot shall be subdivided or its boundary lines changed, nor shall applications for same be made to Chesterfield County, except with the written consent of the Declarant. However, the Declarant hereby expressly reserves to itself, its successors, or assigns the right to reptat any lot or lots owned by it and shown on the plat of any subdivision in order to create a modified building lot or a replatted lot suitable and fit as a building site including, but not limited to, the recreational facilities, and other t2 04SN0207-MAY25-BOS mo amenities to conform to the new boundaries of said replatted lots, provided that no lot originally shown on a recorded plat is reduced to a size smaller than the smallest lot shown on the first plat of the paragraph shall not prohibit the combining of two (2) or more continuous tots into one (1) larger lot, only the exterior boundary lines of the resulting larger lot shall be considered in the interpretation of these covenants~ Animals - Only common household pet animals shall be permitted. Alt pet animals must be secured by a leash or lead, or be under the control of a responsible person and obedient to that person's command at any time they are permitted outside a residence or other enclosed area upon a lot approved by the Architectural Board fbr the maintenance and confinement of pet animals. N'o livestock including cattle, horses, sheep, goats, pigs, or poultry shall be permitted upon any residential lot. After giving a lot owner written notice of complaint and reasonable opportunity to remedy the situation, the Board of Directors may order the removal of any- pet, which has been a nuisance or a danger. Motor Bikes Ali Terrain Vehicles - No motor bikes, motorcycles, or all terrain vehicles shall be driven upon the common area, lots, pathways, or roads (unless properly licensed on roads) with the exception of licensed vehicles and mopeds which shall be operated solely upon the public streets tbr direct ingress and egress purposes only. Swimming Pools - No swimnfing pool, whether in ground or above ground, xvhether permanent or temporary, shall be installed upon any tot without the prior written consent of the Architectural Board. The Architectural Board shall requirc that all swimming pools be adequately screened. Rules and Regulations - The Board of Directors is granted and shall have the power to promulgate rules and regulations, fi~om time to time, governing the use of and activity upon the Common Area and the Recreational Facilities (if the Recreational Facilities are o~xq~ed or leased by the Association). Ail rules and regulations promulgated by the Board of Directors shall be published and disu'ibuted to each member of the Association at least thirty (30) days prior to their effective date. Enforcement - The Board of Directors reserves the right to correct any situation, on any lot that violates the deed restrictions herein. The Board shall provide written notice to the owner in violation a minimum of thirty (30) days prior to any action to be taken by the Board. The Board shall have the right to correct the violation and collect reimbursement from the ovmer of the lot requiring action. If payment is not made or an:anged for within thirty (30) days of the Boards request, the Board reserves the right to place a lien on said property or take any appropriate legal action necessary. (P) 13 04SN0207-MAY25-BOS GENERAL INFORMATION Location: North line of Woolridge Road, east of Otterdale Road, and east line of Otterdale Road, north of Woolridge Road. Tax IDs 708-675-1560; 708-677-89tl; 709-675-6985; 709-676-0702; 5333. 6590 & 9a_4; 709-677-2520 3264 & a406; 709-678-5743; 710-676-0704 & 1579; 710-677-3873; 710-678-Part of 7575; 711-677-9367; 7II-678-4858; 711-679-6522; and 712-679-2887. (Sheet 15) Existing gqning: A and A with Conditional Use to permit a communications tower and equestrian uses Size: 302.6 Existing Land Use: Single family residential use, stock farm (equestrian) use or vacant Adjacent Zoning and Land Use: North - A; Single family residential or vacant South - A and R.-12; Single family residential or vacant East - A and R-15; Single family residential or vacant West - A and R-9; Single family residential or vacant UTILITIES Public Water System A twenty (20) inch water line serving Foxfire Subdivision crosses Woolridge Road at the intersection of Woolridge Road with Fox Club Road and Fox Light Parkway. An off-site extension of approximately 2,150 ft will be necessary' to serve this site. In conjunction with this development, it is anticipated that a public water line consistent with the County's Public Water and Wastewater Facilities Plan will be constructed along the request site's fi:onIage with Woolridge Road and Otterdale Road. Use of the public water system is intended and has been proffered. (Proffered Condition 5) Public Wastewater System: A thirty-six (36) inch wastewater trunk line extends along a portion of Deep Creek and terminates adjacent to Fox Fire Subdivision, approximately 300 feet northeast of this site. Approved plans as prepared by Timmons propose the future extension of a thirty-six (36) 14 04SN0207-MAY25-BOS inch wastewater trunk tine along the north side of Deep Creek and Blackman Creek to serve the Magnolia Green development, as well as the western portion of this site. The remaining eastern portion of the request site is projected for service by a wastewater trunk line to be sized for this site and adjacent development, and constructed along the south side of Deep Creek from the same existing thirty-six (36) inch wastewater trunk line adjacent to Fox Fire Subdivision. Use of the public wastewater system is intended and has been proffered. (Proffered Condition 5) ENVIRONMENTAL Drainage and Erosion: The property drains to the rear to Blackman Creek, which forms the western property line and then via Blackman Creek to Swift Creek Reservoir. The property is wooded. To insure that adequate erosion control measures are in p}ace, the property should not be timbered without first obtaining a land disturbance permit from the Environmental Engineering Department and the appropriate devices installed. (Proffered Condition 8) Water Quality: Biackman Creek is a perennial stream and is therefore subject to a one hundred (100) foot conservation area in which there are very- limited uses. in addition, a pro-rata fee for construction of regional Best Management Practices (BMPs) and a m. aimenance fee will be required for compliance with the regional BMP program. The property will drain through some enhanced floodplain BMPs prior to reaching Swift Creek Reservoir. To address concerns of the Planning Commission and area citizens, the applicant has agreed to maintain sediment basins or construct new BMPs, or combination thereof, until the permit for construction of the initial facility contained in the Upper Swift Creek Watershed Plan is issued. (Proffered Condition 9) PUBLIC FACILITIES The need ibr fire, school, librao', park and transportation facilities is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. This development will have an impact on these facilities. Fire Service: The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6) new fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the six (6) new stations, the Plan also recommends the expansion of five (5) existing stations. Based on 605 dwelling units, this request will generate approximately t 16 calls fbr fire and emergency medical service each year. The applicant has addressed the impact on fire and EMS (Proffered Condition 7). 15 04SN0207-MAY25-BOS The Clover Hill and Swift Creek Fire Stations, currently provide fire protection and emergency medical service. When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. Schools: Approximately 308 students will be generated by this development. This site lies in the Grange Hall ElementaD- School attendance zone: capacity - 828~ enrollment - 716; Swift Creek Middle School zone: capacity - 1,027, enrollment - !,470; and Clover Hill High School zone: capacity - 1,582, enrollment - 2,038. This request ,,*,'ill have an impact on the schools involved. There are currently twelve (12) trailers at Swift Creek Middle School and twenty (20) trailers at Clover Hill High School. A new middle school is in the cun'ent Capital improvement Plan (CtP) and is proposed to open in the fall of 2009 that will provide relief for schools in this area of the county. A new high school is under construction, and scheduled to open in the fall of 2006, that will provide relief for Clover Hill and Manchester High Schools. Eventually, as existing and proposed developments are built out in this area, they will have an impact at the elementary level as well. The applicant has agreed to participate in the cost of providing for area school needs. (Proffered Condition 7) Libraries: Consistent with the Board of Supervisors' Policy, the impact of development on library services is assessed county-wide. Based on projected population growth, the Public Facilities Plan identifies a need for additional library space throughout the County. Development of this property would most likely impact the existing Clover Hill Library or a proposed new facility in the Genito Road area. The Plan identifies a need for additional library space in this area of the County, The applicant has addressed the impact of this proposed development on library facilities. (Proffered Condition 7) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7) community' parks and five (5) community centers by 2020, tn addition, the Plan identifies the need for ten (t0) new' or expanded special purpose parks to provide water access or preserve and interpret unique recreational, cultm'at or environm, entat resources. The Plan also identifies shortfalls in trails and recreational historic sites. 16 04SN0207-MAY25-BOS The applicant has offered measures to assist in addressing the impact of this proposed development on these Parks and Recreation facilities (Proffbred Condition. 7). In addition, Proffered Condition 15 provides for a trail along Blackman Creek and Deep Creek in accordance with the recommendations of the Upper Swift Creek Plan. Transportation: The property (302.6 acres) is currently zoned Agricultural (A), and the applicant is requesting rezoning to Residential (R-t5) with Conditional Use Plmmed DeveI. opment to permit development of a mixed-use project; including residential and commercial uses~ The applicant has proffered a maximm~ density of two (2) dwelling units per acre (Proffered Condition 3). The applicant's Textual Statement would limit development of commercial uses to 56,000. square feet (Textual Statement Condition IV.A.3.c). Based on. single-family and shopping center trip rates, development could generate approximately 10,110 average daily trips. These vehicles will be initially distributed to Wootridge Road east of Otterdaie Road, and to Otlerdale Road north of Wootridge Road, which had 2004 traffic counts of 1,553 and 906 vehicles per day (VPD), respectively. The Thoroughfare Plan identifies Woolridge Road and Otterdale Road as m~or arterials with recommended right of way widths of ninety (90) feet. The applicant has proffered to dedicate forty-five (45) fbet of right of way, measured from the centerline of those roads, in accordance with that Plan. (Proffered Condition 11) Access to major arterials, such as Woolridge Road and Otterdale Road, should be controlled. The applicant has proffered that direct access from the property to Woolridge Road and to Otterdale Road wilt be limited to one (1.) public road onto each roadxvay. (Proffered Condition t0.a) A tentative, subdivision plat (Foxfield Subdivision) has been approved for the adjacent property to the east. The Foxfield Subdivision tentative plat shows a residential collector street (Swift Fox Drive) extending from Woolridge Road through the Foxfield Subdivision to the property. Additional access from the property to Woolridge Road could be provided via Swift Fox Drive. The applicant has proffered that initial access for any- development on the property wilt be provided either directly to Wootridge Road or via Swift Fox Drive to Woolridge Road. (Proffered Condition 10.b) There is a fifty (50) foot wide right-of-way that extends from Woolridge Road to the property. Several parcels are located on either side of this fifty (50) foot wide right-of-way. To address neighborhood concerns, the applicant has proffered that no access wilt be provided from the property to Woolridge Road through that fifty (50) foot wide right-of- way. (Proffered Condition 10.c) Included in the Subdivision Ordinance is the Planning Commission's Stub Road Policy. The Policy suggests that subdivision streets anticipated to carry 1,500 VPD or more should be designed as ~no-lot frontage" collector roads. In accordance with the Stub Road Policy, residential collector streets may be required through parts of the property. The applicant's 17 04SN0207-MAY25-BOS zoning map shows a north/south road and an east/west road extending through the property'. Sections of these streets may exceed 1,500 VPD. The applicant is considering a "neotraditional" layout for this development with lots fronting some sections of these streets and with driveways accessing rear alleys, Specific recommendations regarding the need for residential collector streets and/or an acceptable alternative design will be addressed at time of tentative subdivision plat review. ~Tte traffic impact of this development on area roads must be addressed. The applicant has proffered to: 1) construct additional pavement along Woolridge Road and along Otterdale Road to provide left and right turn lanes at each approved access, including turn lanes at the Swift Fox Drive intersection, based on Transportation Department standards; and 2) widen/improve the north side of Woolridge Road and the east side of Otterdate Road to an eleven (11) foot wide travel lane with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide unpaved shoulder, and overlay with asphalt the full width of each road for the entire property frontage. (Proffered Condition 12) Based on Transportation Department standards, turn. lanes will be warranted at each approved access along Wootridge Road and along Otterdate Road. Constructing these road improvements may require the developer to acquire some "off-site" right of way. According to Proffered Condition 12, if the developer is unable to acquire the off-site right of way for any road improvement, the developer may request the county to acquire the right of way' as a public road improvement. Ali costs associated with the acquisition will be borne by the developer. If the county chooses not to assist with the right-of-way acquisition, the developer will not be obligated to acquire the "off-site" right-of*way and will only be obligated to construct road improvements within available right-of-way. (Proftbred Condition 12) As previously stated, the applicant has proffered that initial access ibr any development on the property will be provided to Wooldridge Road (Proffered Condition 10.b). The applicant has also proffered that with access to Woolridge Road, all of the proffered widening/improvements to Wootridge Road along the property frontage will be provided (Proffered Condition 13). In addition, Proffered Condition 13 would require that with access to Otterdale Road, all of the proffered widening/improvements to Otterdale Road along the property frontage will be provided. Area roads need to be improved to address safety and accommodate the increase in traffic generated by this development. Woolridge Road and Otterdale Road will be directly impacted by development of this property. Sections of Woolridge Road, east of Otterdale Road, have eighteen (18) to nineteen (t9) foot wide pavement with no shoulders. The capacity of that section of Woolridge Road is acceptable (Level of Service C) ~br the volume of traffic it currently carries (1,553 VPD). Sections of Woolridge Road, south of Genito Road, have eighteen (18) to twenty-one (21) foot wide pavement with no shoulders~ and guardrail immediately adjacent to the road. The section of Woolridge Road across the Swift Creek Reservoir is not in the State Highway System, and is the responsibility of the County. Based on the current (2005 count) volume of traffic (10,937 VPD), that section of Woolridge Road is at capacity (Level of Service E). Sections of Otterdale Road, north of Woolridge Road, have eighteen (18) to nineteen (19) foot wide pavement with no shoulders, and 18 04SN020%MAY25-BOS substandard horizontal and vertical curves and large trees located close to the edge of pavement. The capacity of that section of Otterdale Road is acceptable (Level of Service B) fbr the volume of traffic it currently carries (906 ADT). The applicant has proffered to contribute cash, in an amount consistem with the Board of Supervisors' Policy, towards mitigating the traffic impact of this development (Proffered Condition 7). The road improvements will be provided within Traffic Shed 6 or fbr road improvements that provide relief to that Traffic Shed. The money could be used towards road improvements to Woolridge Road m~d/or to Otterdale Road. The applicant has also proffered that, at the option of the Transportation Department and in lieu of the cash proffer payment described in Proffered Condition 7, lump sum contributions will be provided for area road improvements (Proffered Condition I4)~ The Transportation Department plans to exercise this payment option. Proffered Condition 14 requires the applicant to pay: 1) prior to recordation of the initial subdivision section or prior to any site plan approval for any dwelling unit, the amount of $657,000; and 2) prior to recordation of a subdivision section or prior to a site plan approval for any dwelling unit, that would result in more than a cumulative total of 150 dwelling units on the property, the amount of $657,000; and 3) prior to recordation of each subdivision section and prior to each site plan approval, for any dwelling unit that would be in excess of a cumulative total of 300 dwelling units on the property, the amount of the road component of the cash proffer (currently $4,380) multiplied by the total number of lots or dwelling units shown on each approved final check plat and on each proposed site plan. Protibred Condition 14 would also allow', upon mutual agreement of the Transportation Department and the applicant, the applicant to provide road improvements equal to the cost of such payment(s). This option will be considered at time of tentative subdivision plat and/or site plan review. As development continues in this part of the county, traffic volumes on area roads will substantially increase. Additional funds will need to be identified to cover the cost of the improvements needed to accommodate the traffic increases. No road improvement projects in this part of the county are included in the Six-Year Improvement Plan, except lbr a project to improve a substandard curve on Woolridge Road south of Crown Pointe Road. This curve has been identified as a high accident location. At time of temative subdivision review, specific recommendations will be provided regarding access, the internal street network and providing stub road rights-of-way to adjacent properties. 19 04SN0207-MAY25-BOS Financial Impact on Capital Facilities: PER UNIT Potential Number of New DWelling Units 605* I 1.0~ Population Increase 1645.60 2.72 Number of New Students Elementary ! 36.73 0.23 Middle 76.23 0.13 Itigh 96.80 0.16 TOTAL 309.76 I 0.51 Net COst for Schools $3,346,860 Net Cost for Parks 477,345 789 Net Cost for Libraries 244,420 404 Net Cost for Fire Stations 257,125 425 Average Net Cost for Roads 2,661,395 4,399 TOTAL NET COST $6'98T145I $11,549 *Based on a proflbred maximum density of two (2) dwelling units per acre (Proffered Condition 3). Actual number of units and con'esponding impact may vary. As noted, this proposed development will have an impact on capital facilities. Staff has calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and fire stations at $11,549 per unit. The applicant has been advised that a maximum proffer of $11,500 per unit would defray the cost of the capital facilities necessitated by this proposed development on the non- age restricted units. Furthermore, the applicant has been advised that a maximum proffer of $5,991 per unit would defray the cost of the capital facilities necessitated by this proposed development on the age restricted units. Cor~sistent with the Board of Supervisors' policy, and proffers accepted from other applicants, the applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital facilities (Prof~:~red Condition 7). In addition to addressing the impact on schools, parks, libraries and fire stations, the proffered conditions provide the County with options for addressing the impact of this development on road fhcilities (Proffered Condition 7). The proffered conditions allow' the transportation component to be paid under any of the following scenarios: I) payments shall be made on a per dwelling unit basis prior to the release of building permits, 2) lump-sum payments shall be made prior to recordation of subdivision plans and approval of site plans, and 3) road improvements can be made in lieu of the road cash proffer payment or in conjunction with a reduced road cash proffer payment. 20 04SN0207-MAY25~BOS Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and it has been determined that it is appropriate to accept the proffered conditions as offcred in this case. LAND USE Comprehensive Plan: Lies within the boundaries of the Upper Swift Creek Plan which suggests that the property, which drains to the Swift Creek Reservoir, is appropriate for residential development of 2.0 units per acre or less. The Plan also suggests that various types of housing, to include condominiums and clustered attached or detached single family dwellings may be appropriate if included within a large coordinated planned development. The Plan further suggests that convenience commercial nodes may be appropriate within such a coordinated development subject to adequate access and a design that incorporates an intemat focus with open. spaces and pedestrian connections. Amendments to the Upper Swift Creek Plan are pending. Area Development Trends: Surrounding properties are zoned Residential (R-15), Residential (R-i 2), Residential (R-9) or Agricultural (A) and are occupied by single family dwellings or are vacant. It is anticipated that residential development at densities of 2.0 to 2.2 units per acre or less will continue in the area as recommended by the Upper Swift Creek Plan; however amendments to the Upper Swift Creek Plan are pending. Site Design: The 302.6 acre request property is proposed for Residential (R-15) zoning and may be developed for single, multifamily, cluster and townhome residential uses; commercial and recreational uses; and stock farm (equestrian) uses with accessory commercial uses, all of which are discussed in further detail herein. Unless the property' is developed solely for conventional R-15 single ~Samily uses, the development will have a neo-traditional design which includes sidewalks, street trees, open spaces and alleys serving the rear of dwelling units (Textual Statement II.A.). In addition, uses wilt be located and developed as generally depicted on the Zoning Map prepared by Balzer and Associates dated April 4, 2005 (Attachment), as described in the Textual Statement (Attachment) and as provided in the proffered conditions. The Tracts' locations and sizes, including further divisions into Sub- tracts, may be modified so long as land use transitions and compatibility between different uses are addressed (Textual Statement II.B.). Likewise, mixing of residential uses within Tracts or Sub-tracts may be permitted provided land use transitions and compatibility between different uses are addressed. (Textual Statement II,D.) 21 04SN0207-MAY25-BOS Commercial Node: The applicant has submitted a Master Plan that conceptually depicts a five (5) acre parcel rcserved for commercial and multifamity residential uses fronting on Woolridge Road along the periphery of the development (Zoning Map - Tract D). Staff' does not support the proposed location of this commercial node. The Upper Swift Creek Plan provides that commercial uses designed primarily to serve the convenience of the planned residential community in which they are located may be appropriate when such commercial uses are designed with appropriate access and an internal focus. This location, along a major arterial at the periphery' of the development, does not provide the internal focus and limited service/convenience area the Plan envisions, but rather creates a commercial area designed to serve a larger community. Therefore, the commercial uses do not comply with the recommendations of the Plan. Staff suggests this commercial node be located at the intersection of the North/South and East/West Roads to accomplish the internal focus suggested by the Plato (Zoning Map) Within this commercial node (Zoning Map - Tract D) permitted uses include those uses permitted in the Convenience(C-t) District plus a limited number of Neighborhood Business (C-2) uses (Textual Statement IV.A.2.a. and b). Development of these commercial uses would be limited to a maximum gross square footage of 56,000 square feet with limitations on individual tenant spaces (Textual Statement IV.A.3.c) and would comply with Emerging Growth District Standards except that the area will have a neo-traditional character with buildings located adjacent to sidewalks, lined with street trees and adjacent on-street parking (Textual Statement IV.A.3.b). The exact design of Tract D would be required to be approved by the Planning Commission at the time of plan review. (Textual Statement ~V.~*,.3.b) In addition to the commercial uses, a maximum of fifty-five (55) residential multifiamily units would be permitted within Tract D provided such uses are located in space above the permitted commercial uses (Textual Statement tV.A.2.c) If Tract D is not developed fbr commercial or muttifamily residential uses, it could be developed for single family and townhouse uses as permitted in Tract B. (Textual Statement IV.A.2.d and IV.C.) Densits: Proffered Condition 3 limits the overall density to a maximmn of 2.0 dwelling units per acre yielding approximately 605 dwelling units. In addition, the condition provides that certain numbers of vao'ing lot types may' be permitted (Proffered Condition 3). The Ordinance wilt require that where lot sizes are reduced below 15,000 square feet, an equivalent amount of space must be provided in open space. 22 04SN0207-MAY25-BOS Residential Uses: Single family and townhouse uses on varying lots sizes are proposed (referred to as Single Family A, Single Family B, Single Family C, Single Family D, and Single Family E uses (Textual Statement IV.C.1)). The proposed lot sizes range from a minimum of 15,000 square feet to a minimum of 1,520 square feet. As previously noted, the development, including these residential areas is proposed to have a neo-traditionat design. It is important to note, however, that the Textual Statement would permit the entire property to be developed for conventional Residential (R-15) uses on tots having a minimum area of 15,000 square feet. In this case, the neo-traditional design and other quality features such as street trees, sidewalks (unless otherwise provided by the Subdivision Ordinance), and minimizing front orientation of garage doors would not be incorporated into the development. Other standards established for these residential uses include minim, urn house sizes, fou.ndation treatments, setbacks, provision of sidewalks, buffers, open space in addition to Ordinance requirements, provision of a focal points, street trees, paved driveways and alleys, and garage orientation. (Proffered Conditions 2, 4 & 16, and Textual Statement tlI.D., III.E., tII.F, ItI.G., III.H., IV.B. and iV.C.) Proffered Condition 6 requires any housing units designed fbr occupancy by seniors to be grouped together and identified on site and subdivision plans in an efibrt to accurately track' the impacts on capital facilities. tn addition, Proffered Condition 17 requires any lots having sole access through Foxfietd Subdivision (immediately adjacent to the east) to have an average tot area and density equal to Foxfield Subdivision. Cluster Standards The requirements offered for cluster projects are consistent with those typically required by the Cornmission and Board of Supervisors on similar projects recently approved except that the size of the focal point at the intersection of the North/South Road with Wootridge Road fails to meet the typical standard established for small lot developments (Textual Statement Ii.G.) and the request fails to fully minimize the impact of garage doors facing the street. (Textual Statement II.H.) Recreational Facilities: Passive and active recreational uses limited to facilities and uses that primarily serve the surrounding resi.dential community would be permitted within all Tracts. Such uses include, but are not limited to, picnic areas, trails, sidewalks, ponds, swimming pools, tennis courts, basketball courts, playgrounds and clubhouses. The Textual Statement provides for setbacks, buffers and other restrictions to minimize the impact of such recreational uses on surrounding residential uses. (Textual Statement III.A.) 23 04SN0207-MAY25-BOS Equestrian Uses: Horse riding trails would be permitted throughout the development with horse boarding facilities and accessory uses such as pastm'es, barns~ stables, riding lessons, grooming services and training permitted within Tract C (Zoning Map and Textual Statement Iii. B). The Textual Statement provides for setbacks, architectural design, building size limitations, and other restrictions to minimize the impact of such equestrian uses on surrounding residential uses. (Textual Statement IIt. B.) Recreational Vehicle Storage: Recreational vehicle storage lots (including boats, travel trailers m~d campers) are permitted throughout the development. The Textual Statement provides for setbacks, screening and other restrictions to minimize the impact of such storage areas on surrounding residential uses. (Textual Statement ItI.C.) Communications Tower: A communications tower approved through a previous Conditional Use exists on the request property in the area shown as Tract B (Zoning Map). Approval of this request permits the tower to remain subject to restrictions in the Textual Statement addressing height, security fencing, color and lighting system, and other restrictions to minimize the impact of such tower on surrounding residential uses. (Textual Statement IV.C. Restrictive Covenants: Proffered Condition 19 requires recordation of restrictive covenants. It should be noted that the County will only insure the recordation of the covenants and will not be responsible for their enforcement. Once the covenants are recorded, they can be changed. CONCLUSIONS With the exception of the location of the commercial node, the proposed residential zoning and land use complies with the Upper Swift Creek Plan which suggests that the portion of the property which drains to the Swift Creek Reservoir is appropriate for residential the development of 2.0 units per acre. The Plan provides that commercial uses designed primarily to serve the convenience of the planned residential community in which they are located may be appropriate when such commercial uses are designed with appropriate access and an internal focus. The location of the commercial uses along a major arterial (Woolridge Road) at the periphery of the development does not provide the internal focus and the limited service/convenience area the Plan envisions. In developments where single family residential lot sizes are proposed below 12,000 square feet, the Planning Commission and Board of Supervisors have typically approved quality standards (Cluster Standards) such as street trees, sidewalks, and increased open spaces for Ibcal points and recreation. The size of the focal point at the intersection of the North/South Road with Woolridge Road fails to meet the typical standard established for small lot developments (Textual Statement II.G.). 24 04SN0207-MAY25-BOS Similarly, the request fails to fully minimize the impact of garage doors facing the street. (Textual Statement II.H.) The proffered conditions adequately address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries and fire stations is identified in the Public. Facilities Plan, the Thoroughfare Plan and the Capital Improvement Progrmn, and the impact of this development is discussed herein. The proffered conditions adequately mitigate the impact on capital facilities, thereby insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Given these considerations, staff recommends approval subject to the applicant addressing the location of the commercial node, the focal point acreage and garage orientation. CASE HISTORY Planning Commission Meeting (12/13/04): At the request of the applicant, the Commission deferred this case to their January 18, 2005, meeting. Staff ( 12/14/04): The applicant was advised in writing that any significant new or revised information should be submitted no later than December 20, 2004, for consideration at the Commission's January, 2005, public hearing. In addition, the applicant was advised that a $500.00 detbrraI fee must be paid prior to the Commission's public hearing. Applicant & Staff(12/22/04, 1/4/05, 1/5/05, I/7/05): The applicant and staff continue discussions on draft proffered conditions and Textual Statement submitted 12/22/04. Staff (I/7/05): To date no new or revised information has been received nor has the deferral fee been paid. Applicant (1/18/05): The de~brral fee was paid. 25 04SN0207-MAY25-BOS Planning Commission Meeting (I / 18/05): At the request of the applicant, the Commission deferred this case to March 15, 2005. Staff ( 1/2 t/05): The applicant was advised in writing that any significant, new or revised information should be submitted no later than January 24, 2005, for consideration at the Commission's March I5, 2005, public hearing. Also, the appli.cant was advised that a $250.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (2/8/05): The deferral fee was paid. Applicant and Staff ( t / 18/05, 2/2/05, 2/10/05, 2/22/05, 3/I/05): The applicant and staff continued discussions on draft proffered conditions and Textual Statement submitted on January 18, 2005. Plam~ing Commission Meeting (3/I5/05): At the request of the applicant, the Commission deferred this case to April 19, 2005. Staff (3/16/05): The applicant was advised in writing that any significant, new or revised information should be submitted no later than March 21, 2005, for consideration at the Commission's April 19, 2005, public hearing. Also, the applicant was advised that a $500.00 deferral fee must be paid prior to the Commission*s public hearing. 26 04SN0207-M. AY25-BOS Applicant (3/22/05, 04/01/05 and 04/05/05): Revisions to proffered conditions and Textual Statement were submiued. Applicant (4/7/05): The deferral fee was paid. The applicant submitted a revision to Textual Statement IV.A.3.c. relative to density of commercial uses to correct a typographical error. Planning Commission Meeting (4/19/05): The applicant did not accept staffs recommendation but did accept the Commission's recommendation. There was opposition present indicating that the development would have an adverse impact on area roads and the public school system; the development was premature until adequate infrastructure is in place and the amendment to the _Up_per Swift Creek Plan is completed; the proposal lacks adequate open space; and the proposal lacked adequate setbacks from Woolridge Road for the commercial mode. Messrs. Bass and Gulley indicated that the proposal represented a quality' development; however, inadeqt~ate infrastructure to support the development exists. Concerns were expressed relative to the impact on roads, schools and the environment. Mr, Bass also noted that while the case was filed prior to February' 1 I, 2004, significant amendments to include adding acreage to th.e original request had been made since the original application. Mr. Bass made a motion to deny the case. His motion was seconded by Mr. Gulley. A vote on the motion was as tbllows: AYES: NAYS: Messrs. Bass and Gulley Messrs. Litton, Wilson and Gecker Therefore, the motion failed. Mr. Wilson indicated that the applicant had recognized road needs in the area and had addressed these needs by agreeing to pay for those impacts in the initial stage of the development. Mr. Gecker indicated that the amendment to the Upper Swift Creek Plan will not change infrastructure needs. He noted that housing demand exists regardless of the number of lots zoned each year and that the question is whether growth is guided to those lots which were 27 04SN0207-MAY25-BOS zoned prior to cash proffers or lots zoned with cash proffers. He further indicated that the impact on roads is not being properly addressed since adequate road connections are not being made between developments thereby exacerbating the impact on arterial roads. On motion of Mr. Wilson, seconded by Mr. Gecker, the Commission recommended approval and acceptance of the proffered conditions on pages 2 tt~rough 13. AYES: Messrs. Litton, Wilson and Gecker NAYS: Messrs. Bass and Gull. ey The Board of Supervisors, on Wednesday, May 25, 2005, beginning at 7:00 p.m., will take under consideration this request. 28 04SN0207-MAY25-BOS II. TEXTUAL STATEMENT DART It CASE 04SN0207 J ,anua,9' I 3, 2905 Revised April 4, 2005 Rezone from A to R-t5 for the uses permitted in R-15 with a Conditional Use Planned Development CCUPD") to permit use and ordinance requirement exceptions as delineated on the Zoning Map prepared by Balzer and Associates dated April 4, 2005, as described herein, and as provided in the accompanying proffers. General Conditions With the exception of Single Family A uses, as described herein, and/or other uses permitted by right or with restrictions in the R-15 District, the development shall have a neotraditionat design which includes sidewalks, street trees, open spaces and alleys serving the rear of dwelling units. The overall conceptual subdivision plan shall identify the location of the various tracts and uses. To accommodate the orderly development of the Property, the Tracts shall be located as generally depicted on the Plan, but their location and size, including further divisions into Sub-Tracts, may be modified so long as the parcels generally maintain their relationship with each other and any adjacent properties, except as stated herein for Tract D. A plan for any such Tract adjustment shall be submitted to the Planning Department for review and approval. Such plan shall be subject to appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. Sub-Tract (a designated portion of a Tract) divisions may be created at the time of tentative subdivision or site plan review and shall not require a separate review as a Tract adjustment provided, there is no adjustment in the overall Tract boundary unless the Tract boundary has been approved for adjustment as stated herein. Provided however, at the request of the developer, the location of Tract D may be modified subject to review and approval, with or without conditions, by the Planning Commission, provided that: (]) The tract is located at the intersection of the North/South and the East/West Roads; and, (2) Such location ensures land use transition and compatibility with adjacent properties to this Tract, as well as adjacent properties to the development. Whenever a provision refers to or requires a mixed use plan ("Mixed Use Plan") to be submitted for review and approval, such plan may be, unless otherwise III. stated herein, approved by either the Planning Department or the Planning Commission at the election of the Developer, and such review shall be subject to appeal in accordance with the provisions of the Zoning Ordinance for Site Plan appeals. Residential units (i.e. Single Family A, Single Family B, Single Family C, Single Family D and Single Family E (as defined herein)) shall be grouped together within a Tract or Sub-Tract. If there is a desire to mix the types of residential uses w/thin a Tract or Sub-Tract, the mixing may be permitted if a Mixed Use Plan is submitted for review and approval. The Mixed Use Plan shall address the land use transitions and compatibility between the different uses within a Tract or Sub- Tract. Land use compatibility and transitions may include, but not necessarily be limited to, the exact location of uses, buffers and site design. Requirements and Exceptions for Alt Tracts Except for driveways and street trees, if any of the following facilities are to be provided they shall be. identified on the overall conceptual subdivision plan and on the record plat for any lot adjacent to such facilities. A. Recreational Facilities. Recreational facilities shall be permitted within all Tracts. These uses shall be limited to facilities and uses that primarily serve the surrounding residential community including but not limited to passive recreation (i.e. picnic areas, trails, paths, sidewalks, ponds, open space, and vistas) and active facilities (i.e. swimming pools, term/s coum% basketball courts, volleyball courts., playgrounds, and clubhouses). Outside public address systems or speakers shall not be used between the hours of I 1:00 p.m~ and 8:00 a.m. and shall only be used in conjunction with a pool. With the exception of playground areas which accommodate swings, jungle gyms or similar such facilities, outdoor play fields, courts, swimming pools and similar active recreational facilities shall be located a minimum of t00 feet from any proposed or existing single family residential lot tine and a mum of fifty (50) feet from any existing or proposed public road. Nothing herein shall prevent development of indoor facilities and/or parking within the I00 foot setback. Within the 100 foot and fifty (50) foot setbacks, a fifty (50) foot buffer shall be provided along the perimeter of all active recreational facilities except where adjacent to any existing or proposed public roads. These buffers shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. These buffers and setbacks may be modified by the Planrdng Commission at the time of plan review. 2 Any playground area (i.e., areas accommodating swings, jungle gyms or similar such facilities) shall be located a minimum of forty (40) feet from all property lines. A forty (40) foot buffer shall be provided along the perimeter of these recreational facilities except where adjacent to any existing or proposed public roads. These buffers shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers. These setbacks and buffers may be modified by the Planning Commission at the time of plan review. Equestrian Uses. 1. Horse riding trails shall be permitted throughout the development. Horse boarding facilities and customary accessory uses such as, but not limited to, riding lessons, groom/ng services, training, pasture and barn areas, shall be permitted with/n the area identified as Tract C on the Zoning Map. The square footage of any stables and barns shall be limited to a maximum of 20,000 square feet. 4. There shall be no outside public address systems or speakers. Ali facilities and areas associated wSth the keeping of horses (stables, pastures, etc.) shall be cleaned and made free of waste on a regular basis. In addition, means of eliminating any odor problems and propagation of insects shall be employed. (P) With the exception of riding trails, equestrian uses located within Tract C shall be setback a minimum of fitty (50) feet from adjacent properties to the development and from any existing or proposed public roads. This setback requirement may be modified by the Planning Commission at the time of plan review. Structures shall have an architectural design compatible with the project. The design shall be approved by the Planning Department. ~ Parking areas shall comply with the surface treatment requirements of the Zoning Ordinance or be constructed with a treatment similar to "Grassy Pavers," "PermaTURF, .... Presto GEOBLOCK," or "GEOWEB?' The exact method shall be approved at the time of plan review. Recreational Vehicle (including boats, travel trailers, and campers) Storage. Recreational vehicle storage tots shall be permitted throughout the development. Except for Tracts designated for non-residential uses, storage areas shall be setback a minimum of I00 feet from adjacent properties to this Tract, as well as adjacent properties to the development and a nfinimum of fifty (50) feet from any existing or proposed public roads. This setback requirement may be modified by the Planning Conmfission at the time of plan re~4ew. Storage areas shall be screened from view of any proposed or existing residential development and public roads. Screening shall comply with the requirements of the Zoning Ordinance. Parking areas shall comply with. the surface treatment requirements of the Zoning Ordinance or be constructed with a treatment similar to "Grassy Pavers," "PermaTURF," "Presto GEOBLOCK," or "GEOWEB." The exact method shall be approved at the time of plan review. Driveways and Atleys. All private driveways and alleys serving residential uses shall be hardscaped. The exact treatment shall be approved at the time of plan review. (P) Street Trees. Except for areas developed for Single Family A uses, street trees shall be provided along both sides of all public roads within the development. Sidewalks. Sidewalks and trails shall be provided that faciliatate pedestrian access within the development. Generally, sidewalks shall be located on both sides of public roads, except in areas developed for Single Family A uses, unless otherwise required by the Subdivision Ordinance. Focal Point. Unless the entire property is developed for Single Family A uses, as described herein, and/or other uses permitted by right or with restrictions in the R- 15 D/strict, a m/nimum of 0.75 acres each of open space shall be provided.at both the proposed Swift Fox Drive entrance and the Otterd.ale Road entrance to provide "focal points". A minimum of 0.40 acres of open space shall be provided within Tract D to provide a "focal point". Should Tract D be relocated subject'to the requirements stated herein, the minimum of 0.40 acres of open space shall be provided at the entrance to the development otherwise known as the North/South road. Part of each focal point area shall be "hardscaped" and have benches and other amenities that accommodate and facilitate gatherings. A port/on of the focal points may include areas devoted to best management/stormwater facilities. The focal points shall be developed concurrent with the phase of development that the focal point is intended to serve. 4 Garages. The following requirements shall be met for garages except in Tracts developed for Single Family A uses. The location of lots having front loaded garages shall be identified on the conceptual subdivision plan, and the record plat. Front loaded attached garages shall be setback a minimum of twenty (20) feet from the front faqade of the primary dwelling unit. A maximum of t00 units shall be permitted to have fi-om loaded garages. IV. Requirements for Specific Tracts. A. Tract D. 1. Tract D shall not exceed 5.0 acres total. 2. Uses. Uses within Tract D shall be. limited to the following: Those uses permitted by right or with restrictions in the Convenience Business (C-l) District provided that the following uses shall be restricted as stated: (1) Convenience and grocery stores provided such uses shall not be granted any certificate of occupancy until after January 1, 2008. (NOTE: This shall not preclude issuance of site plan and building pennit approvals prior to January t, 2008, for such uses.) (2) Drug Stores/pharmacies provided such uses shall not be granted any certificate of occupancy until after January 1, 2008. (NOTE: This shall not preclude issuance of site plan and building permit approvals prior to January 1, 2008, for such uses.) b. The following uses shall also be permitted: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 02) Libraries. Travel agencies to include travel arrang/ng transportation ticket services. Antique shops. Art schools, galleries or museums. Clothing stores. Curio or gift shops. Photography studios. Artist material and supply stores. Bicycle sales and rentals. Catering as an accessory use to a restaurant. Schools--music and dance. Outside display o.fmerchandise for sale provided that: and i. Such merchandise is located within covered sidewalks or courtyard areas, ii. Such areas are designated for such use, and iii. Pedestrian ways are maintained. Residential Muttifamily uses provided such uses shall be located in space above the first story of any building designated for and intended to be occupied by those uses outlined in Textual Statement IV.A.2.a. and b., and that the total number of units shall not exceed fifty-five (55). If Tract D is not developed for those uses specified above, Tract D may be developed for those uses specified for Tract B. R..equirements. With the exception of Tract B residential 'uses which shall be subject to the requirements for Tract B, development in Tract D shall conform to the following: Except as stated herein, development shall conform to the requirements of the Emerging Growth District Stm~dard's for Commercial Uses. Development shall be designed with an orientation away from Woolridge Road. Development shall have a Neotraditional character with buildings located adjacent to sidewalks, lined with street trees and adjacent on-street parking. The exact design shall be approved by the Planning Commission through site plan review. Specific design standards such as setbacks, landscaping, positions of buildings and parking shall be established at this time. Commercial uses shall be limited to a maximum of 56,000 gross square feet. Each tenant space shall be limited to a maximum of 5,000 square feet except that one (1) tenant shall be permitted to be a maximum of t 5,000 square feet. All structures shall have an architectural style compatible with surrounding residential neighborhoods. Compatibility may be achieved through the use of similar building massing, materials, scale or other architectural features. If Tract D is located adjacent to Woolridge Road, a fifty (50) foot buffer shall be maintained adjacent to Woolridge Road. This buffer shall conform to the requirements of the Zoning Ordinance for fifty (50) foot buffers provided however the Planning Commission may modify the buffer requirement at the time of plan review. Parking spaces constructed to VDOT standards in a public fight of way may be counted toward the required number of parking spaces as approved at time of site plan review. Parking for non-residential uses shall be based upon 3.74 spaces per 1,000 square feet of gross floor area. (NOTE: Parking for multifamily uses shall conform to Ordinance requirements.) B. Tract A. Uses. The uses within Tract A shall be limited to those uses permitted by right or with restrictions in the Residential (R45) District. (Lots shall be referred to herein as Single Family A.) 2. Requirements. Development shall conform to the requirements of the Residential (R- 15) D/strict. Dwell/ne Size. The minimum gross floor area for each dwelling unit shall be 2,500 square feet. C. Tract B. 1. Uses. Uses permitted by right or with restrictions in the Residential (R- 15) District (Lots having a minimum area of 15,000 square feet (Single Family A)). Lots having a minimum area of 8,000 square feet and a maximum area of 14,999 square feet (Single Family B). Lots having a minimum area of 4,500 square feet and a maximum area of 7,999 square feet (Single Family C). Lots having a minimum area of 2,700 square feet and a maximum area of 4,499 square feet (Single Family D). Lots having a minimum area of t,520 square feet with attached dwelling units (Single Family E). f. A communications tower subject to the following conditions: (i) The communications tower shall be located as generally depicted on the plan entitled "Triton PCS, Inc.: RI-1-088E- -Lacy Property II, 6250 Woolridge Road, Moseley, Virginia" dated 2-22-99 and last revised 3-12-99. (ii) The tower shall be restricted to a maximum height of 184 feet. (iii) There shall be no signs permitted to identify the use. (iv) The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. A detailed plan depicting this requirement shall be submitted to the Planning Department for approval in conjunction with the final site plan review. (v) The Owner/Developer shall be responsible for correcting any frequency problems which affect the Chesterfield County Commtmications System caused by this use. Such corrections shall be made immediately upon notification by the Chesterfield County Communications and Electronic staff. (vi.) The color and lighting system for the tower shall be as follows: (a) The tower shall be gray or another neutral color, acceptable to the Planning Department. (b) The tower shall not be lighted. (NOTE: This requirement shall not apply to areas where towers are allowed by the Zoning Ordinance to exceed 199 feet. At the t/me of application, if lighting is desired, detailed plans as to the proposed lighting shall be submitted. Those details will be reviewed by the staff, Planning Commission and Board of Supervisors to determine if lighting would have a negative impact on the surrounding area. Generally, if lighting is determined not to have an adverse impact, the following condition will typically be recommended: Lighting during daylight hours shall be limited to medium density strobe lights with upward reflection and lighting (viii). (ix) Requirements. during night-time hours shall be limited to soft blinking lights with upward reflection.) (c) The tower shall be a monopole structure. Any building or mechanical equipment shall comply with Section 19~595 and 19-570 po) and (c) of the Zon/ng Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment. (NOTE: This condition requires the screening of mechanical equipment located on the building or ground from adjacent properties and public rights of way. Screening would not be required for the tower or tower~ mounted equipment. Provided, however, that in I-2 and I-3 Districts, such equipment need not be screened from view of any I-2 or I-3 District or any public right of way which does not accommodate or is not intended to accommodate through traffic movements.) At such time that the tower ceases to be used ibr communications purposes for a period exceeding twelve (12) consecutive months, the owner/developer shall dismantle and remove the tower and ail associated equipment from the property. A minimtan 100 foot buffer shall be maintained around the perimeter of the tower site. Except for access and utilities, which may be extended generally perpendicular through this buffer, existing healthy trees 2.5 inches in caliper or greater within this buffer shall be preserved and maintained. Existing trees shall be supplemented where necessary to minimize the views of the tower and associated equipment from adjacent properties and public rights of way. Additional planting shall consist of trees of species having an average minimum mature crown spread of thirty (30) feet and a minimum caliper of 2.5 inches at the time of planting, to achieve a minimum density of one (1) tree for each 300 square feet of cleared area. At the time of site plan review, a landscaping plan depicting this requirement shall be submitted to the Planning Department for review and approval. Single Family A. Development shall conform to the requirements for Tract A. Single Family B. Development shall conform, to the following: (1) Principal Structures. (i) (ii) (iii) (v) (vi) (vii) Lot area and width. Each lot shall have an area of not less than 8,000 square feet and not more than 14,999 square feet and a lot width of not less than eighty (80) feet. Percentage of tot coverage. All buildings, including accessory buildings, on any lot shall not cover more than fifty (50) percent of the lot's area. Front yard. Minimum of twenty (20) feet in depth. Minimum setbacks shall be increased where necessary to obtain the required lot width at the from building line. Side yard. Two (2) side yards,, each a minimum of six (6) feet in width. Comer side yard. Minimum of fifteen (15) feet. Rear y_~d. Minimum. of twenty-five (25) feet in depth.. Dwelling Size. The minimum gross floor area for each dwelling unit shall be 2,400 square feet. (2) Accessory Structures. Setbacks for accessory structures shall conform to the setback requirements for such structures in the R-I5 D/strict except as follows: (i) One (1) story accessory structures: The rear, side and comer side yard setbacks shall be half the required yards for principal structures defined above. (ii) More than one (1) story accessory structures: The rear, side and comer side yard setbacks shall be the required setbacks for principal structures defined above. Single Family C. Development shall conform to the following: (1) Principal Structures. (i) Lot area and width. Each lot shall have an area of not tess than 4,500 square feet and not more than 7,999 square feet and a lot width of not less than fifty (50) feet. 10 (ii) (iii) (iv) ,(v) (vi) (vii) Percentage of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than sixty (60) percent of the lot's area. Front yard. Minimum of ten (10) feet in depth. Minimum setbacks shall be increased where necessary to obtain the required lot width at the front building tine. Side ,,,md. Two (2) side yards, each a minimum of three (3) feet in width. Comer side yard. Minimum of fifteen (I5) feet. Rear yard. Minimum of twenty (20) feet in depth. Dwelling Size. The minimum gross floor area for each dwelling unit shall be 1,600 square feet. (2) Accessory Structures. Setbacks for accessory structures shall conform to the setback' requirements for such structures, in the R-15 District except as follows: (i) (ii) One (1) story accessory structures: The rear, side and comer side yard setbacks shall be half the required yards for principal structures defined above. More than one (1) story accessory slx'uctures: The rear, side and comer side yard setbacks shall be the required setbacks for principal structures defined above. Single Family D. Development shall conform to the following: (1) Principal Structures. (i) (ii) (iii) (iv) (v) (vi) Lot area and width. Each lot shall have an area of not less than 2,700 square feet and not more than 4,499 square feet and a lot width of not less than thirty (30) feet. Percentage of lot coverage. All buildings, including accessory buildings, on any lot shall not cover more than seventy (70) percent of the lot's area. Front yard. Minimum of five (5) feet in depth. Minimum setbacks shall be increased where necessary to obtain the required lot width at the front building line. Side yard. Two (2) side yards, each a minimum of three (3) feet in width. Comer side ya..rd. Minimum of fifteen (t5) feet. Rear yard. Minimum of twenty (20) feet in depth. 11 (vii) Dwelling Size. The minimum gross floor area for each dwelling unit shall be 1,400 square feet. (2) Accessory Structures. Setbacks for accessory structures shall conform to the setback requirements for structures in the R-I5 District except as follows: (i) (ii) One (1) story accessory structures: The rear, side and comer side yard setbacks shall be half the required yards for principal structures defined above. More than one (1) story accessory structures: The rear, side and comer side yard setbacks shall be the required setbacks for principal, structures defined above. Single Family E. Development shall conform to the following: (i) Princil~al Structures. (i) (ii) (iii) (iv) Lot area and width. Each lot shall have an area not less than 1,520 square feet and a lot width of not less than nineteen (19) feet; except end lots in townhouse groups or rows having less than five (5) lots shall have a lot area of not less than 2,320 square feet and a lot width' not less than twenty-nine (29) feet and end lots in townhouse groups or rows having five (5) or more lots shall have a tot area of not tess than 2,400 square feet and a lot width of not less than thirty (30) feet. Percentage of lot coverage. All buildings, including accessory buildings, on any lot shall not c~)ver more than fifty (50) percent of the lot's area. No accessory building on any lot except for a private garage shall cover more than 225 square feet. Front yard. Minimum of twenty (20) feet in depth. Minimum setbacks shall be increased where necessary to obtain the required lot width at the fi'ont building line. Provided, however, where sidewalks and street trees are provided between the unit and right of way, setbacks may be reduced to zero (0) feet. Side yard. A side yard of not less than ten (i0) feet in width shall be provided for each end residence in townhouse groups or rows having four (4) or fewer tots. Townhouse groups having five (5) or more 12 (2) (v) (vi) (vii) (viii) lots shall have a minimum side yard of fifteen (15) feet. Comer side yard. Minimum often (10) feet. Rear side yard. Mirfimum of fifteen (15) feet in depth. Driveways and p~gg areas. All roads, driveways and parking areas serving the general public shall have concrete curbs and gutters. Group or row design. The total number of lots within each attached group or row of townhouses shall be varied, but in no case exceed twelve (t2). Accessory Structures. Setbacks for accessory structures shall conform to the setback requirements for accessory structures in the R-TH District. 13 ~o N LOCA'n0f~ OF PR 0'~C'~'iQN AREA ~' / 41 ~' , / I ur~u TY BOX L:'l E~44 SB4,3 \ ZONE ARIA -, 7J 2'00~ TAX J LACY EDWARD J 630~ WO~ ROAD UO~'!. FY, VA ~EED 8(X~ 1209 PAGE zONE A A.RF..A = 5,030 ACRES TAX ~1 7106760704000~0 LACy EDW'ARD J .,t. I.K~ C 650~ WOOLR~ ROAD UOSE/Z~. VA 23~20 DEED BOOK 3~27 PAGE 696 o4s~ogo'7-Z Good evening, Mr. Chairman and members of the Board· I am Kitty Snow and I'm as tired of speaking before you as you are of hearing me. Unfortunately, a lot of my , neighbors say "no way, I can't speak in public" and I am passionate about protecting those I love so here I am. I thought about coming up here and saying "nothing's changed since last month" and sitting down. However, things HAVE changed. They've gotten worse. Yesterday an exterminator ran the stop sign at Otterdale and Genito at 6:50 AM. ~ · We've have something like seven accident at that intersection in the last year so I always slow down there. Good thing, huh? Then at 7:30 AM, another car ran the stop sign as I came home from that appointment. Then again at 6 PM, coming west, a blue and gray van blew through, never even slowing, with cars approaching from both directions. Three near-misses witnessed and almost participated in by one citizen in less than 12 hours· Last Thursday there was an accident on Genito where a young mother hit the crumbling edge of pavement, overcompensated and wrecked. An hour later, a friend drove me to a meeting and surprise.., someone ran the stop sign at Otterdale ...again Had my friend not slowed to 35 as most of us do who live in Moseley, we would have certainly hit on the driver's side. I could cite recent accidents all night long. Our roads have always been dangerous. A few years ago, a girl ran the stop sign at Otterdale and I nearly totaled my car to avoid killing her. I have a permanent neck injury from being rear-ended on Genito Road when four of us stopped and the fifth didn't. But as several police officers have stated both here and in the press, more people on the roads, more accidents. The Dart II case will increase traffic by over 6,000 trips daily on Otterdale and Woolridge Roads. This week I heard someone call Otterdale a "suicide road". With new skidmarks appearing daily, with two fatalities since July and with innumerable reports of construction vehicles crossing the yellow line, ye'ih, I'd call it a suicide road. We've had five school bus accidents on Genito and Otterdale that I can recall. Thank God, there were no injuries but that figure should chill any parent's heart. Ms. Humphrey has expressed concern that logging trucks can't pass school buses on our narrow roads. Neither can construction vehicles. With more traffic on thes~e country roads, the horrifying possibility of a school bus accident multiplies dramatically. It took 30 minutes tbr EMS to reach my neighbor on Otterdale Road in the accident that took her life last July. There was a previous fatality in the exact same spot. Picture a school bus accident there. Imagine YOUR child, critically injured. Thirty minutes is a lifetime. Or a death sentence· Our county's children are our most cherished treasure. When their safety is at risk, each of them becomes MY child. You should feel the same way. I feel confident that you DO. You may have not experienced the heart-stopping terror of a massive construction vehicle bearing down on you, in your lane with no where to escape but it's more terrifying than I can express. And it happens too frequently to count where I live. Patrick, Anne and Molly are more precious to me than life itself. Please don't endanger their lives by increasing the possibility of accidents to their days. Please deny this case. If you cannot deny, at least defer this case. My children are counting on you to protect them. All of our children are. Thank you. The Task Force for Responsible Growth P.O. Box 5747 Midlothian, VA 23112 Dear Board of Supervisors: Wednesday, May 25, 2005 On January 13, 2004, The Upper Swirl Creek Task Force for Responsible Growth (now known as the Task Force for Responsible Growth) requested that the Board of Su~pervisors utilize and comply with the intentions of Virginia's zoning enabling statutes (Article 7, Chapter 22 of Title 15.2-2280 through SS 15.2-2316 of the Code of Virginia) and the requirement of a comprehensive plan which shall control the general development of land within a locality. Specifically, The Task Force requested that while the Upper Swirl Creek Plan was under revision and until such time as the revised Plan is approved by the Board of Supervisors, that the County use its full legal authority to defer all pending or new agricultural re-zonings for residential use. On January 28, 2004 the Chairman of the Board, Mr. Kelly Miller stated that there would be a response fi.om the Board of Supervisors to our request. On February 11, 2004, the Board of Supervisors took action to defer zoning cases in the Upper Swirl Creek Area. It must be noted that the Upper Swift Creek Plan was designated as the number one Plan among other plans to be revised in the County. The action to defer residential cases would allow time for recommendations for the vision of land use/transportation planning in this particular high growth area and also fulfill the County's growth management philosophy. This deferral action is also consistent with the talking points addressed in the Growth Summit in June 2002 by the Chairman of the Board, Mr. Kelly Miller. The priority issues related to growth included: 1) impact on transportation and infrastructure 2) adequacy of plans and 3) impact on schools. In fact, Mr. Miller stated the need to have infrastructure in place before new development and the importance of revised plans to limit new growth. During the Growth Summit of 2004, the Board of supervisors again analyzed the growth issues and reviewed some of the forty-six growth management tools available to the County and the risks associated with each tool. The number one tool on this list was to defer cases for up to one year. It was the understanding of the Task Force and its citizens that the County's action to defer cases after February 11, 2005 was indeed a component of its growth management program and showed the citizens at the time that the County was taking a decisive first step in being proactive on addressing appropriate land use, public infrastructure and the public's health, safety and welfare. It was a policy the Task Force deemed necessary to allow adequate time to determine the direction of the Upper Swirl Creek Area, its level of service, future development trends and the fiscal impact on the County. We bring to you our serious concem over the County's commitment to the deferral policy that it instituted on February 11, 2004. It was clear in the memo provided to you by Mr. Micas that the 12 -month deferral period applied to residential zoning applications. It described the "rolling 12 month deferral period", and stated that the deferral period for each individual zoning application would be calculated fi.om the date the case is first heard by the Board of Supervisors. The memo also stated that the 12-month deferral decision is a "policy" to which the Board is not legally botmd to impose the deferral for every case. While the language is clear concerning what the Board can do with regard to said policy or state law, what is not clear is the Board's intemions on applying the deferral policy as requested. In addition, we are very concerned that the Board either has abandoned the policy or is applying it inconsistently. In t~ interests of the citizens and the development community, we appreciate your prompt response on the status of the policy? Sh~cerely, Marleen K: Durfee Executive Director Task Force for Responsible Growth, Inc